Arizona Laws 6-1009. Lessor’s lien; default of lessee; or failure to surrender
A. The lessor shall have a landlord’s lien upon the contents of a repository for the rent.
Terms Used In Arizona Laws 6-1009
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lessee: means a person contracting with a lessor for the use of a safe deposit repository. See Arizona Laws 6-1001
- Lessor: means a corporation or association authorized under the laws of this state, any other state or the United States to do business as a bank, trust company, credit union or savings and loan association and maintaining safe deposit repositories for public use. See Arizona Laws 6-1001
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Registered mail: includes certified mail. See Arizona Laws 1-215
- repository: means a safe deposit box or any other safe deposit receptacle and includes the lessor's vault space made available for use by the lessee in common with others for the storage of property or documents. See Arizona Laws 6-1001
B. If the lessee does not pay the rent within six months after it is due, or fails to surrender possession of the repository within six months from the date of termination of the lease, then the lessor, after giving not less than sixty days’ written notice to the lessee personally or by registered mail addressed to the latest address shown upon the safe deposit records of the lessor of its intention to sell the contents of the repository for the payment of rent and expenses, may forcibly open the repository and in the presence of two of its employees remove and inventory the contents and seal them in a package which shall be placed in the general vaults of lessor at a rental not exceeding the rental previously charged for the repository; provided, the employees may deliver to a clerk of the superior court any document which appears to be of a testamentary nature. The lessor shall retain the contents for at least ninety days thereafter and may then foreclose its lien under section 33-1023 but the unclaimed surplus funds or property shall be disposed of under Title 44, Chapter 3.